Articles Tagged with pedestrian accidents

There is new evidence that traffic deaths among pedestrians have reached epidemic proportions.

Our injury lawyers in Fort Myers and Cape Coral have continued to highlight the risks in Florida, which is the deadliest state in the nation for these preventable tragedies. While the overall number of road fatalities was declining steadily before the pandemic, many areas, including Southwest Florida, have continued to see an increase in fatalities among walkers and riders.crosswalk

Now a new report from the AAA Foundation for Traffic Safety shows the number of pedestrians killed increased 53 percent from 2009-2018, after steadily declining for three decades. Today, 1 in 6 fatal accidents involves a walker.

Florida is one of the worst places in the country to be a pedestrian. Data released earlier this year from the National Highway Traffic Safety Administration (NHTSA) shows that of the 5,400 fatal pedestrian accidents nationally in 2015, there were 628 that happened in Florida. To put this in context, Florida claims about 6.25 percent of the nation’s population, but nearly 12 percent of its pedestrian accidents.pedestrian accident

But just because a pedestrian accident happens – even one that results in serious injuries – doesn’t automatically mean the injured party will be entitled to damages. It is still necessary for claimants to be able to prove by a preponderance of the evidence that defendant motorist was negligent in striking the plaintiff, causing the asserted injuries. This isn’t to say you must be 100 percent innocent in the entire incident. In fact, Florida operates under a standard of pure comparative negligence (per F.S. 768.81), which means even if you are 99 percent to blame for what happened, you could technically still collect that other 1 percent in damages from at-fault parties.

However, a recent case before the U.S. Court of Appeals for the First Circuit (which oversees cases out of Puerto Rico, where this claim originated), plaintiffs still have to establish by a preponderance of the evidence that the other party was negligent.

Pedestrian accidents occur almost every other day in Florida. According to new research form the National Highway Traffic Safety Administration (NHTSA), Florida pedestrian accidents spiked by more than 17 percent at last count, up to 588 in 2014. peoplewalking

The latest report, released last month, reveals too that pedestrian accidents are comprising a bigger than ever percentage of overall traffic fatalities in the Sunshine State – 20.8 percent in 2013 versus 23.6 percent in 2014. Other early data from 2015 suggests pedestrian deaths nationally climbed by another 10 percent, which, if proven accurate, would bring the uptick to 27 percent in just three years. This is despite the fact that overall traffic deaths have been trending downward in recent years.

A pedestrian accident in Estero recently resulted in the death of 55-year-old man who was struck while crossing U.S. 41 from the SunMart gas station near Commons Way. The 31-year-old driver was reportedly not cited in the crash. In April, a 23-year-old man was struck and killed in a Fort Myers pedestrian accident on Laredo Avenue. Charges against the 17-year-old driver are pending. And in March, a pedestrian was struck by two cars while crossing Daniels Parkway near Gateway Boulevard. He later died of his injuries. Continue reading ›

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